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PARRIS N. GLENDENING, Governor
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Ch. 433
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(1) To require the person to replant trees where the cutting or clearing
occurred in accordance with a plan prepared by the State Forester, a registered
professional forester, or a registered landscape architect;
(2) To restrain the planned violation; or
(3) For damages:
(i) To be assessed by a circuit court in an amount equal to the
estimated cost of replanting trees; and
(ii) To be paid to the Department by the person found to have
violated the provisions of this subsection.
(c) If the Chairman of the Commission has reason to believe that the local
jurisdiction is failing to enforce the requirements of subsection (b) of this section, the
Chairman shall refer the matter to the Attorney General as provided under § 8-1815
(b) of this subtitle.
(d) On the Chairman of the Commission's referral of an alleged violation
under subsection (c) of this section to the Attorney General, the Attorney General may
invoke the remedies available to the local jurisdiction under subsection (b) of this
section in any court of competent jurisdiction in which the local jurisdiction would be
authorized to prosecute or sue.
(e) On the request of a local jurisdiction or the Chairman of the Commission,
the State Forester, a registered professional forester, or a registered landscape
architect may prepare, oversee, and approve the final implementation of a plan to:
(1) [replant] REPLANT trees in any part of the Chesapeake Bay Critical
Area where trees IN THE CHESAPEAKE BAY CRITICAL AREA are cut or cleared in
violation of subsection (b) of this section; AND
(2) REPLANT TREES IN ANY PART OF THE ATLANTIC COASTAL BAYS
CRITICAL AREA WHERE TREES IN THE ATLANTIC COASTAL BAYS CRITICAL AREA ARE
CUT OR CLEARED IN VIOLATION OF SUBSECTION (B) OF THIS SECTION.
8-1817.
(a) By January 1, 1994, the [Chesapeake Bay Critical Area] Commission
shall adopt criteria that assure the protection of land and water resources in the
Critical Area and that shall apply throughout the [Chesapeake Bay] Critical Area
for:
(1) Production of oil or natural gas on lands or waters leased by the
State; and
(2) Exploration or production of oil or natural gas on any lands in the
Critical Area.
(b) (1) In addition to other applicable provisions of law, an applicant for any
production or exploratory drilling that will occur on, in, under, or through the
[Chesapeake Bay] Critical Area, including wells drilled outside the Critical Area by a
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- 3277 -
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